 | New York (State). Court of Common Pleas (City and County of New York), Henry Hilton - 1859 - 666 páginas
...176 of the Code, the court are required at every stage VOL. I. 27 Badger v. Benedict of an action to disregard any error or defect in the pleadings or...affect the substantial rights of the adverse party, and the application of that section would seem to imj ose upon courts the duty to disregard a mere matter... | |
 | Kansas - 1859 - 726 páginas
...l_ i л • ,ot »«MI rights, gard any error or detect in the pleadings or proceedings which does not affect the substantial rights of the adverse party,...judgment shall be reversed or affected by reason of such erroi or defect. whtBuiTer» SEC. 149. If the demurrer be sustained, the adverse party may pin jnii.v... | |
 | New York (State). Court of Common Pleas (City and County of New York), Henry Hilton - 1859 - 672 páginas
...176 of the Code, the court are required at every stage VOL. I. 27 Badger v. Benedict of an action to disregard any error or defect in the pleadings or...shall not affect the substantial rights of the adverse part}-, and the application of that section would seem to impose upon courts the duty to disregard... | |
 | Nebraska - 1859 - 464 páginas
...proceedings, r< ^^ ' "^"^_° t which does not affect the substantial rights of the adverse "tantiai rights. party; and no judgment shall be reversed, or affected, by reason of such error or defect. §138. If the demurrer be sustained, the adverse party if demurrer msmay amend, if the defect can be... | |
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1860 - 650 páginas
...court governing this case when the decree below was pronounced; and the 176th section provides that the court shall, in every stage of an action, disregard...affect the substantial rights of the adverse party, &c. Peck against Mallams. The mantle of charity which this statute throws over the defects of pleadings,... | |
 | California - 1860 - 388 páginas
...allegations shall be liberally construed, with a view to substantial justice between the parties. 71. The court shall, in every stage of an action, disregard...which shall not affect the substantial rights of the parties, and no judgment shall be reversed or affected by reason of such error or defect. 1. The error... | |
 | New York (State). Court of Common Pleas (City and County of New York) - 1860 - 662 páginas
...this power not only conferred upon them by express enactment, (Code, § 173,) but are required '* to disregard any error or defect in the pleadings or...affect the substantial rights of the adverse party." Code, § 176. This being the rule in courts where formerly adherence to strict form has often been... | |
 | Nathan Howard (Jr.) - 1860 - 608 páginas
...proceedings which shall not affect the substantial right of the party ; and it further directs that no judgment shall be reversed or affected by reason of such error or defect. Whatever view may be taken of the objections before stated, this is very clear as to the duty of the... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1861 - 774 páginas
...error " affecting a substantial right" within the meaning of sec. 40, chap. 125, which provides that the court shall, " in every stage of an action, disregard...reversed or affected by reason of such error or defect ?" I think not, but on the contrary, that the phrases "involving the merits" and " affecting a substantial... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1861 - 634 páginas
...the action or defence, seem to be swept out of existence. Section 40, of chapter 125, provides : " the court shall, in every stage of an action, disregard...judgment shall be reversed or affected by reason of any such error or defect" This is evidently an error or defect which does not affect the substantial... | |
| |
The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect. 
